Filed: Nov. 03, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 3, 2003 Charles R. Fulbruge III Clerk No. 03-40557 Summary Calendar HERBERT WILLIAM HUDLER, III, Petitioner-Appellant, versus DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. G-01-CV-418 - Before BARKSDALE, EMILIO M. G
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 3, 2003 Charles R. Fulbruge III Clerk No. 03-40557 Summary Calendar HERBERT WILLIAM HUDLER, III, Petitioner-Appellant, versus DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. G-01-CV-418 - Before BARKSDALE, EMILIO M. GA..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 3, 2003
Charles R. Fulbruge III
Clerk
No. 03-40557
Summary Calendar
HERBERT WILLIAM HUDLER, III,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS
DIVISION
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. G-01-CV-418
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Herbert William Hudler III, Texas prisoner # 803947, appeals
the district court’s dismissal of his 28 U.S.C. § 2254 petition
as time-barred. The district court granted Hudler a certificate
of appealability (“COA”) on the issue whether Hudler is entitled
to the benefit of the doctrine of equitable tolling.
Hudler argues that the district court’s order denying his
motion to stay the one-year limitations period of the Anti-
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-40557
-2-
Terrorism and Effective Death Penalty Act (“AEDPA”) led him to
believe that he would be permitted to file an out-of-time
28 U.S.C. § 2254 petition. Hudler has not demonstrated that the
district court abused its discretion in concluding that the order
did not provide grounds for equitable tolling. See Molo v.
Johnson,
207 F.3d 773, 775 (5th Cir. 2000); see also
Patterson,
211 F.3d at 932. Accordingly, the district court’s judgment is
AFFIRMED.
The remaining issues raised by Hudler in his appellate brief
exceed the scope of the COA. As Hudler has not requested an
expansion of the COA grant, this court will not consider those
issues. See Lackey v. Johnson,
116 F.3d 149, 151 (5th Cir.
1997).
AFFIRMED.